The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-28
MEMFHS DAILY ApPEAE..FRIDAY, JANUARY 2s 1857

the 9Th Of December last. was at the
Peabody In company with Mr.. UD-
shaw and Tom Dalton. We were sit
ting on the ssttee just opposite the
cigar stand talking, when the defend
ant there came walking past ue.
Just as he got opposite me. aud little
past Dalton, he stopped. looked IN
aud ne vas Just in the act OF firing his
pistol at Dalton. Neither spoke, and
| don't think Dalton saw him until
just a. he fred, for | know he was talk
ing 10 Upshaw at the time.
The next witness stated: NV name
is
WI. BRoADDUs.
l was at the Peabody Hotel on d ,cem.
Der 9Th. was in the hat store when
heard the first shot. | ran in in time
to sse Dalton fall from his seat. saw
Goodwin fire three more shots into the
body of Dalton while he was lying on
the floor. He Goodwin then turned,
walked up to the cigar stand, laid his
pistol on the show case, and started
toward the front door. grabbed the
pistol and took hold Of Goodwin, ar
rested him aud held him until the
arrival Of Officer Henry Cullen. l
then turned the prisoner and pistol
over to the officer, went back to the
PROSTATE man, turned him over on
his back aud discovered that it was |
Tommy Dalton, a boy that / had |
known ell of bis life. took him in
my arms and held him until he
bIeathed HE last, which was in yery
few moments. Here the witness was
asked to show to the Jury lust
how Dalton fell when he wfs shot.
The witness moved his chair from the
platform, placed it on the floor in
front Of the jury, then fell forward
on his face, partly on his right side,
with bis right arm under his body,
his left arm thrown scross the small
OF his back, and while in this position
stated, "this is the way Dalton was w.
ing when the last three shots were
fred into his body"
Gross Examination. Qles. ibid Won
not pick up pistol that wss under
Dalton when you turned him over 2"
Aus.-'I did not"
Ques.-"Did you not see some one
else pick up pistol?"
After considerable hesitation the
witness admitted that some one picked
up pistol or knife, he could not tell
which, nor could he tell who il was
that picked it up.
A SENSATIONAL SCENE.
At the request OF the Attorney Gen
eral the jury were sent to their room.
After considerable time being con-
tumed in consultation among the gem '
tlemen representing the State, and
upon the demsnd of the Court to know
why 30 much time was being con. :
su med, the Attorney General explain.
ed that he and his associates had been
taken completely by surprise by the 4
testimony of this witness on cross
examination.
The point was raised by the Attor. !
ney General, and when asked the ;
nature of the points, Gen. Chalmers
said he Yves merely asked to hold on ,
until hs could bring some books, and y
he promised to do the best he could. :
Further than that he could furnish no y
information. Gen. Peters returned '
and stated that he was prepared to !,
prove that the State had been inn !.
posed upon by witness, and c,m- =,
mitted perjury. 1t placed the 4
State in an embarrassing posi-. Z
tiou and took them completely by sur u
prise. His object was to interropste
The witness in regard to former state.
nents, aud thus e1trspping the State II
INTO placing him on the stand Argu-
nenis In reference 10 the point fol.
owed, in which all the lawyers en- :,
yaged took prominent part. The v
ule was laid down that II a case of a.
urprise was establ ished, the State lc
would have the right to cross examine o
he witness just as il the defence d
lad introduced him, thus changing D
he relations previously existing X
'etween the two. Rulings In X
'revious cases were cited BY the CT
At1rney General, and Col. CAN'T was Il
ranted ten minutes to bring forward OF
case in point. Col. Gautt returned vi
nth his text books, but not the one W
esired In the meantime, however, Ct
rem. Wright read two or three rules
his position thst the prose- m
ution could not bring his affidavit Ia
nd coun'erscting proof against the co
illness before the jury, but only be- IN
IRE the Judge. oil
The whole question arose from the
of Maj Broaddus on the
and, that he thought a pistol was II,
icked up near the body OF Dalton,
hich statement was directly OPP lite
} what he had said to the Attorney
eneral and others beforeh and, se
hereby taking them completely by We
lrprise. Admissions were made he
1ring the arguments on both sides, Oh
lat nu uber Of other surprises were ma
It to come before the trial terminated. tic
At 4:l0 O'clock the court adjourned
ntil $3.50 o'clock this friday morn 1Ol
g, and in the meantime the whole am
lestion was taken under advisement. Sat